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Articles by Matthew Arentsen
Courts No Longer Have to Follow FCC Rulings | JD Supra
In a landmark decision released on June 20, the U.S. Supreme Court ruled 6-3 that the Hobbs Act does not require federal district courts to treat Federal Communications Commission (FCC) orders as binding precedent in private litigation. The majority’s opinion in McLaughlin Chiropractic Associates, Inc. v. McKesson Corp. clarifies the scope of judicial review under the Hobbs Act. The case involved an FCC interpretation of the Telephone Consumer Protection Act (TCPA).
CFPB And FHFA On List Of Agencies To See Course Change Under Trump
As we continue to analyze the strength of former President Trump's red wave, one thing is clear: a number of federal agencies are poised for a major shift in their rulemaking agendas, priorities, staffing and approach to enforcement. Two agencies that may be particularly vulnerable to the political swing are the Consumer Financial Protection Bureau (CFPB) and the Federal Housing Finance Agency (FHFA).
CFPB and FHFA on List of Agencies to See Course Change Under Trump | JD Supra
As we continue to analyze the strength of former President Trump’s red wave, one thing is clear: a number of federal agencies are poised for a major shift in their rulemaking agendas, priorities, staffing and approach to enforcement. Two agencies that may be particularly vulnerable to the political swing are the Consumer Financial Protection Bureau (CFPB) and the Federal Housing Finance Agency (FHFA).
SCOTUS Upholds CFPB Funding Mechanism | JD Supra
In a landmark decision issued on May 16, the Supreme Court held that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is constitutionally sound, as it does not violate the Appropriations Clause. The decision will undoubtedly embolden an already active CFPB and put back into motion several rulemakings that were paused until the Supreme Court issued its decision.
SCOTUS Upholds CFPB Funding Mechanism
In a landmark decision issued on May 16, the Supreme Court held that the Consumer Financial Protection Bureau’s (CFPB) funding mechanism is constitutionally sound, as it does not violate the Appropriations Clause. The decision will undoubtedly embolden an already active CFPB and put back into motion several rulemakings that were paused until the Supreme Court issued its decision.
FCC Declares AI-Generated Calls Subject to TCPA | JD Supra
On Feb. 8, the Federal Communications Commission (FCC) issued a unanimous declaratory ruling confirming the Telephone Consumer Protection Act’s (TCPA) restrictions on the use of “artificial or prerecorded voice” include artificial intelligence (AI) technologies that clone human voices. The ruling took effect immediately. Going forward, callers must have prior consent to make a call using an AI-generated voice. The declaratory ruling follows quickly on the heels of a Jan.
FCC Upends the Lead Generation Industry | JD Supra
The Federal Communications Commission (“FCC”) has adopted an order that will restructure the way lead generators collect consumer consent to receive robocalls or robotexts from sellers. Many businesses, particularly small businesses, rely on lead generators to advertise their products and obtain customers. Lead generation websites promote various products and services and often enable consumers to compare offerings from numerous sellers.
FCC Upends the Lead Generation Industry
The Federal Communications Commission (“FCC”) has adopted an order that will restructure the way lead generators collect consumer consent to receive robocalls or robotexts from sellers. Many businesses, particularly small businesses, rely on lead generators to advertise their products and obtain customers. Lead generation websites promote various products and services and often enable consumers to compare offerings from numerous sellers.
FCC Updates Rules on Consumers Revoking Consent for Calls and Texts | JD Supra
The Telephone Consumer Protection Act (“TCPA”) and implementing rules by the Federal Communications Commission (“Commission”) bar many types of calls or texts without first having obtained the consent of the called party. Consumers also have the right to revoke that consent. Over the years, the Commission has issued various rulings on how consumers can revoke consent and how companies must act on those requests.
FCC Takes First Steps to Curb Scam Texts, Looks to Clamp Down on Lead Generators | JD Supra
Blocking Texts Highly Likely to Be Illegal Until now, the FCC has focused on curbing illegal robocalls. It has now turned its attention to illegal robotexts, which the agency notes have been increasing rapidly.
Supreme Court Agrees to Hear CFPB Constitutionality Case | JD Supra
On Monday, the U.S. Supreme Court announced that it has agreed to review the Fifth Circuit’s decision in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA). The decision comes after the Fifth Circuit ruled unanimously in November 2022 that the CFPB’s funding structure violates the Appropriations Clause of the Constitution.
Supreme Court Agrees to Hear CFPB Constitutionality Case
On Monday, the U.S. Supreme Court announced that it has agreed to review the Fifth Circuit’s decision in Consumer Financial Protection Bureau (CFPB) v. Community Financial Services Association of America (CFSA). The decision comes after the Fifth Circuit ruled unanimously in November 2022 that the CFPB’s funding structure violates the Appropriations Clause of the Constitution.
CFPB Proposes Big Brother Tactics for Consumer Contracts | JD Supra
On Jan. 11, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would require nonbanks under its supervisory authority, subject to limited exceptions, to annually register information about their use of certain terms and conditions in nonnegotiable form contracts that seek to waive or limit consumer rights and legal protections.
CFPB Proposes Big Brother Tactics for Consumer Contracts
On Jan. 11, 2023, the Consumer Financial Protection Bureau (“CFPB”) issued a proposed rule that would require nonbanks under its supervisory authority, subject to limited exceptions, to annually register information about their use of certain terms and conditions in nonnegotiable form contracts that seek to waive or limit consumer rights and legal protections.
FCC Declares Ringless Voicemails to Be Calls Subject to the TCPA | JD Supra
The Federal Communications Commission (“FCC”) released an order finding that ringless voicemails constitute calls subject to the Telephone Consumer Protection Act (“TCPA”). Companies sending prerecorded or artificial messages directly to wireless consumers’ voicemail platforms will thus have to obtain consumer consent consistent with TCPA requirements. The ruling is effective immediately.
CFPB Funding Structure Heads to Supreme Court in the Wake of Election | JD Supra
As the financial services industry continues to digest what is known so far about election results, a new twist for 2023 emerged this week when the Consumer Financial Protection Bureau (CFPB) put the question of the constitutionality of its funding mechanism squarely before the Supreme Court. As Brownstein previously reported at the end of October, the U.S. Court of Appeals for the Fifth Circuit recently ruled in CFSA et al. v. CFPB that the CFPB funding mechanism is unconstitutional.
Constitutionality of CFPB Funding Structure in the Crosshairs | JD Supra
Last week, the U.S. Court of Appeals for the Fifth Circuit ruled that the Consumer Financial Protection Bureau’s (CFPB) independent funding mechanism is unconstitutional. Under the Dodd-Frank Act, the CFPB is not funded through periodic congressional appropriations; instead, the bureau receives its funding directly from the Federal Reserve, which is itself funded outside the congressional appropriations process. In Community Financial Services Association of America Ltd. v.
A New Twist on Keystroke Monitoring Lawsuits—What Companies Need to Know About Chatbots | JD Supra
In just the past few weeks, multiple class actions have been filed in California against a variety of companies, including Tiffany & Co., Dollar Shave Club, Goodyear Tires, M.A.C. Cosmetics and Michael Kors USA, making the surprising allegation that the companies engage in illegal wiretapping of online communications with consumers.
Congress Pushes Back on Legal Authority for CFPB to Collaborate with State Attorneys General
As the Consumer Financial Protection Bureau (CFPB) continues to highlight coordination with state attorneys general, lawmakers and regulators, top congressional officials from the U.S. House Financial Services Committee (HFSC) are questioning the legality of such coordination.
Congress Pushes Back on Legal Authority for CFPB to Collaborate with State Attorneys General | JD Supra
As the Consumer Financial Protection Bureau (CFPB) continues to highlight coordination with state attorneys general, lawmakers and regulators, top congressional officials from the U.S. House Financial Services Committee (HFSC) are questioning the legality of such coordination.
New FTC Telemarketing Rule Could Affect More Than Just Telemarketers
The Federal Trade Commission (FTC) recently moved forward proposals that could add extensive record-keeping requirements and make other material changes for compliance for impacted businesses and financial services providers selling products and services. Specifically, in April, the FTC approved a Notice of Proposed Rulemaking (NPRM) and an Advanced Notice of Proposed Rulemaking (ANPRM) to change the Telemarketing Sales Rule (TSR). Who May Be Impacted?
New FTC Telemarketing Rule Could Affect More Than Just Telemarketers | JD Supra
The Federal Trade Commission (FTC) recently moved forward proposals that could add extensive record-keeping requirements and make other material changes for compliance for impacted businesses and financial services providers selling products and services. Specifically, in April, the FTC approved a Notice of Proposed Rulemaking (NPRM) and an Advanced Notice of Proposed Rulemaking (ANPRM) to change the Telemarketing Sales Rule (TSR). Who May Be Impacted?
The Supreme Court Narrows the Scope of the TCPA | JD Supra
The Supreme Court unanimously ruled that the restriction in the Telephone Consumer Protection Act barring use of autodialers to make calls and text messages to cell phones does not apply to programmed lists of telephone numbers, such as the phone numbers of existing business customers. The decision resolves a split in the federal circuit courts and represents a significant victory for businesses seeking to communicate with their customers without the threat of autodialer class action litigation.
The FCC Imposes New Requirements on Non-Marketing Residential Robocalls | JD Supra
To ring in the New Year, the Federal Communications Commission (“FCC”) released an order imposing strict limits on the number of non-telemarketing, prerecorded or artificial voice calls that can be made to residential phone lines without prior consent. The automated landline calls will also be required to include an opt-out mechanism, and callers must implement the FCC’s internal do-not-call list rules—which previously applied only to telemarketing calls.
The FCC Reverses Course—Finds Government Contractors Subject to the TCPA | JD Supra
The Telephone Consumer Protection Act (TCPA) bars certain types of automated calls without first obtaining the consent of the called party. Indeed, with uncapped statutory damages, the TCPA is a staple of the plaintiff’s bar, generating thousands of lawsuits each year.
The FCC Resolves Petitions on Texting Platforms and TCPA Consent | JD Supra
Last week, the Federal Communication Commission’s (“FCC”) Consumer and Governmental Affairs Bureau (“Bureau”) resolved two of the many pending petitions seeking relief and clarification concerning the requirements of the Telephone Consumer Protection Act (“TCPA”) for calls or texts made to wireless numbers. P2P Alliance Petition In its first Declaratory Ruling, the Bureau sought to clarify the definition of an automatic telephone dialing system (an “autodialer”).
Consumer Credit and Coronavirus – What Lenders and Collectors Need to Know | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The FCC Exempts COVID-19-Related Health Care “Robocalls” From TCPA Liability | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Robocall Legislation Moves Forward | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Brownstein Attorneys Advise on Updates to 40-Year-Old FDCPA | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
CFPB and FCC Disconnect: Debt Collection and Call Blocking | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Expanding the Ability of Phone Companies to Block Calls | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
The Fourth Circuit Strikes TCPA’s Government Debt Collection Exception | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
Colorado Bill Significantly Broadens Scope of the Consumer Protection Act | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
TCPA First Amendment Argument Could Eliminate Government Debt Collection Exemption | JD Supra
Updated: May 25, 2018: JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.
FCC Seeks to Address Critical TCPA Issues after D.C. Circuit Loss | JD Supra
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The D.C. Circuit Issues a Split Ruling on the FCC’s 2015 Omnibus TCPA Order | JD Supra
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Second Circuit Holds That the TCPA Does Not Allow a Consumer to Unilaterally Revoke Consent to Be Called That Is Part of an Executed Contract
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